as a director of a hospital, domiciliary, or center had been service as a physician in the director grade. This subsection shall not affect the allocation of any position of director of a hospital, domiciliary, or center to any grade of the General Schedule of the Classification Act of 1949, except with respect to changes in rate of salary pursuant to the preceding sentence, and shall not affect the applicability of the Performance Rating Act of 1950 to any individual. (As amended Pub. L. 87-793, § 804, Oct. 11, 1962, 76 Stat. 861.) REFERENCES IN TEXT The Classification Act of 1949, referred to in subsec. (b), is classified to chapter 21 of Title 5, Executive Departments and Government Officers and Employees. The Performance Rating Act of 1950, referred to in subsec. (b), is classified to chapter 22 of Title 5, Executive Departments and Government Officers and Employees. AMENDMENTS 1962 Subsec. (b). Pub. L. 87-793 substituted "director of a hospital" for "manager of a hospital" in three instances, and “service as a physician in the director grade" for "service as a physician in the medical service in the chief grade." EFFECTIVE Date of 1962 AMENDMENT Section 804 of Pub. L. 87-793 provided in part that the amendment of subsec. (b) of this section shall be effective on October 11, 1962. § 4114. Temporary and part-time appointments; residencies and internships. (a) (1) The Administrator, upon the recommendation of the Chief Medical Director, may employ, without regard to civil service or classification laws, rules, or regulations— (A) physicians, dentists, nurses, dietitians, social workers, librarians, and other professional, clerical, technical, and unskilled personnel (including interns, residents, trainees, and students in medical support programs) on a temporary full-time or part-time basis; and (B) physicians, dentists, nurses, and other professional and technical personnel on a fee basis. (2) Personnel employed under paragraph (1) of this subsection shall be in addition to personnel described in section 4103, paragraph (1) of section 4104, and section 4111 of this title and shall be paid such rates of pay as the Administrator may prescribe. (3) (A) Temporary full-time appointments of physicians, dentists, and nurses may exceed ninety days only if the Chief Medical Director finds that circumstances render it impracticable to obtain the necessary services through appointments under paragraph (1) of section 4104 of this title. Temporary full-time appointments of other personnel shall not exceed ninety days. (B) No part-time appointment shall be for a period of more than one year, except for appointments of physicians, dentists, nurses and interns, and residents and other trainees in medical support programs. (c) When the Chief Medical Director determines that it is not possible to recruit qualified citizens for the necessary services, appointments under this section may be made without regard to the citizenship requirements of section 4105 of this title or of any other law prohibiting the employment of, or payment of compensation to, a person who is not a citizen of the United States. (As amended Pub. L. 87-574, § 4(2), Aug. 6, 1962, 76 Stat. 309.) AMENDMENTS 1962-Pub. L. 87–574, § 4(2) (A), inserted "; residencies and internships" in the section catchline. Subsec. (a). Pub. L. 87-574, § 4(2) (B), substituted "civil service or classification laws, rules or regulations" for "the Classification Act of 1949", specified "interns, residents, trainees, and students in medical support programs" among those who can be appointed on a temporary full-time or part-time basis, authorized the appointment of "other professional and technical personnel" on a fee basis, temporary full-time appointments of physicians, dentists and nurses to exceed 90 days if the Chief Medical Director finds it impracticable to obtain necessary services through career appointments, and limited part-time appointments to one year, except for physicians, dentists, nurses and interns, and residents and other trainees in medical support programs. Subsec. (c). Pub. L 87-574, § 4(2) (C), added subsec. (c). Chapter 75.-VETERANS' CANTEEN SERVICE § 4202. Duties of Administrator with respect to Service. The Administrator shall— (3) furnish the Service for its use in connection with the establishment, maintenance, and operation thereof, such space, buildings, and structures under control of the Veterans' Administration as he may consider necessary, including normal maintenance and repair service thereon. Reasonable charges, to be determined by the Administrator, shall be paid annually by the Service for the space, buildings, and structures so furnished, except that the Administrator may reduce or waive such charges whenever payment of such charges would impair the working capital required by the Service; (As amended Pub. L. 86-109, § 1, July 28, 1959, 73 Stat. 258.) AMENDMENTS 1959-Par. (3). Pub. L. 86-109 required the Service to pay reasonable charges, as determined by the Administrator, for the use of space, buildings, and structures furnished by the Veterans' Administration and authorized reduction of waiver of the charges when payment thereof would impair the working capital required by the Service. EFFECTIVE DATE OF 1959 AMENDMENT Section 2 of Pub. L. 86-109 provided that: "This Act [amending par. (3) of this section] shall take effect on the first day of July 1959." Chapter 81.-ACQUISITION AND OPERATION OF HOSPITAL AND DOMICILIARY FACILITIES: PROCUREMENT AND SUPPLY § 5011. Revolving supply fund. (a) The revolving supply fund established for the operation and maintenance of a supply system for the Veterans' Administration (including procurement of supplies, equipment, and personal services and the repair and reclamation of used, spent, or excess personal property) shall be (3) credited with advances from appropriations for activities to which services or supplies are to be furnished, and all other receipts resulting from the operation of the fund, including property returned to the supply system when no longer required by activities to which it had been furnished, the proceeds of disposal of scrap, excess or surplus personal property of the fund, and receipts from carriers and others for loss of or damage to personal property. At the end of each fiscal year, any net income of the fund, after making provisions for prior losses, shall be covered into the Treasury of the United States as miscellaneous receipts. (As amended Pub. L. 87-314, Sept. 26, 1961, 75 Stat. 675.) AMENDMENTS 1961-Subsec. (a). Pub. L. 87-314 included among the purposes for which the supply fund was established, the repair and reclamation of used, spent, or excess personal property, and authorized the crediting of the fund with property returned to the supply system when no longer required by activities to which it had been furnished. Chapter 85.-DISPOSITION OF DECEASED VETERANS' PERSONAL PROPERTY § 5226. Filing of claims for assets. Upon Notwithstanding the crediting to said Fund of the assets, or proceeds thereof, of any decedent, whether upon determination by a court of the Veterans' Administration pursuant to the provisions of section 5220 of this title, any person claiming a right to such assets may within five years after the death of the decedent file a claim on behalf of himself and any others claiming with the Administrator. receipt of due proof that any person was at date of death of the veteran entitled to his personal property, or a part thereof, under the laws of the State of domicile of the decedent, the Administrator may pay out of the Fund, but not to exceed the net amount credited thereto from said decedent's estate less than any necessary expenses, the amount to which such person, or persons, was or were so entitled, and upon similar claim any assets of the decedent which shall not have been disposed of shall be delivered in kind to the parties legally entitled thereto. If any person so entitled is under legal disability at the date of death of such decedent, such five-year period of limitation shall run from the termination or removal of legal disability. In the event of doubt as to entitlement, the Administrator may cause administration or other appropriate proceedings to be instituted in any court having jurisdiction. In determining questions of fact or law involved in the adjudication of claims made under this section, no judgment, decree, or order entered in any action at law, suit in equity, or other legal proceeding of any character purporting to determine entitlement to said assets or any part thereof, shall be binding upon the United States or the Administrator or determinative of any fact or question involving entitlement to any such property or the proceeds thereof, or any part of the Fund, unless the Administrator has been seasonably served with notice and permitted to become a party to such suit or proceeding if he makes a request therefor within thirty days after such notice. Notice may be served in person or by registered mail or by certified mail upon the Administrator, or upon his authorized attorney in the State wherein the action or proceedings may be pending. Notice may be waived by the Administrator or by his authorized attorney, in which event the finding, judgment, or decree shall have the same effect as if the Administrator were a party and served with notice. Any necessary court costs or expenses if authorized by the Administrator may be paid as are other administrative expenses of the Veterans' Administration. (As amended Pub. L. 86-507, § 1(33), June 11, 1960, 74 Stat. 202.) AMENDMENTS 1960-Pub. L. 86-507 inserted "or by certified mail following "registered mail." |